G.R. No.: A.M. No. P-14-3213 (Formerly A.M. No. 12-5-91-RTC)
Date: July 12, 2016

Case Parties: Accredited Local Publishers (The Weekly Ilocandia Inquirer, et al.), Complainants, vs. Samuel L. Del Rosario, Clerk III, Regional Trial Court, Branch 33, Bauang, La Union, Respondent.

FACTS

The complainants, nine accredited publishers of judicial notices, filed a Joint Affidavit-Complaint before the Regional Trial Court (RTC) Branch 67 of Bauang, La Union, against respondent Samuel L. Del Rosario (Clerk III of RTC Branch 33, Bauang, La Union) and two other publishers. They alleged that the respondent conspired with the other publishers to assign judicial notices for publication to them without conducting the required raffle, in violation of Presidential Decree (P.D.) No. 1079, to the prejudice of the complainants. In his Answer, respondent Del Rosario admitted referring some cases for publication to certain publishers without a raffle, claiming he did so because those publishers charged lower rates, and not for monetary gain. Witnesses, including newspaper representatives, testified that Del Rosario submitted unraffled notices for publication and had borrowed money from one representative, purportedly for medicines. The Executive Judge found preliminary violations and referred the case to the Office of the Court Administrator (OCA) for evaluation of administrative liability. The OCA recommended a full investigation, which was conducted by Judge Rose Mary M. Alim. Judge Alim found that Del Rosario had referred cases to favored publishers without a raffle, misrepresented that his direct assignments were with the judge’s knowledge, and borrowed money from a newspaper representative. She recommended a one-year suspension, considering his admission, apology, and promise not to repeat the act, and noting a prior dismissed offense.

ISSUE

Whether respondent Samuel L. Del Rosario is administratively liable for gross misconduct for violating the rules on the raffle of judicial notices and for borrowing money from a person with business before the court.

RULING

The Supreme Court found respondent Samuel L. Del Rosario GUILTY of GROSS MISCONDUCT and DISMISSED him from service with forfeiture of all benefits (excluding leave credits) and with prejudice to re-employment in any government branch or agency.
The Court held:
1. Respondent’s admission that he directly assigned judicial notices for publication without the required raffle constituted a clear violation of A.M. No. 01-1-07-SC (Guidelines in the Accreditation of Newspapers and Periodicals and in the Distribution of Legal Notices and Advertisements for Publication) in relation to P.D. No. 1079. His excuse of pity for poor litigants and lack of knowledge of the process was untenable, as there are remedies for indigents and the raffle is crucial to protect the integrity of the publication process and prevent unfair competition.
2. Respondent’s act of contracting loans from Brenda Ramos’s representative, Malou Reyes, a person having business dealings with the court, constituted a grave offense under civil service rules. This act creates an impression of impropriety and undermines public trust in the judiciary, regardless of the purpose (e.g., for medicines).
3. These acts, taken together, amount to gross misconduct, which is a grave offense punishable by dismissal. The Court emphasized that the conduct of all court personnel must be beyond reproach to preserve the judiciary’s integrity. The respondent’s apology and promise were insufficient to mitigate the gravity of the offenses.
4. The ruling is without prejudice to the filing of appropriate criminal charges against Del Rosario for possible violation of P.D. No. 1079. The Office of the Court Administrator was directed to file the corresponding criminal complaint.